Lugoloobi’s legal team, consisting of John Isabirye, Ritah Asiimwe, Tony Tumukunde, and Alex Luganda, made their submissions on Monday after the prosecution closed its case, having presented 11 witnesses to support their accusations against the minister.
The key issue before the court is whether Lugoloobi should be required to defend himself based on the evidence provided by the prosecution or be acquitted on the grounds of insufficient evidence.
The prosecution alleges that Lugoloobi improperly dealt with 700 pre-painted iron sheets marked “Office of the Prime Minister (OPM).” The iron sheets were obtained in two phases: the first batch of 400 sheets was acquired between July 2022 and February 2023, while the second batch of 300 sheets was received between February and March 2023.
The prosecution contends that these sheets were intended for the vulnerable people of Karamoja. However, Lugoloobi’s lawyers argue that the prosecution has failed to prove that the iron sheets were meant for Karamoja and not for other relief programs managed by OPM. They pointed out that none of the witnesses could confirm Lugoloobi’s involvement in the misappropriation or establish a clear link between him and the alleged crime.
In particular, lawyer Alex Luganda emphasized that the prosecution did not sufficiently address the ambiguity surrounding the intended use of the iron sheets stored at OPM’s Namanve warehouse. He further noted that key witnesses, including Geoffrey Sseremba, the accounting officer, testified that guidelines for iron sheet distribution were not gazetted and were, therefore, not publicly accessible.
The defense also claimed that the prosecution failed to prove that Lugoloobi knowingly received stolen property, asserting that no one has been convicted of stealing the iron sheets, which would be necessary to accuse Lugoloobi of receiving stolen goods.
The prosecution, led by assistant director of public prosecutions Josephine Namatovu, countered by asserting that the minister was aware that the iron sheets were stolen. Namatovu highlighted evidence showing that 316 iron sheets were used to roof a goat house on Lugoloobi’s farm in Bale, and 84 were donated to New Hope Primary School in Kayunga.
The prosecution further argued that the law does not require prior conviction of theft for a charge of dealing with suspect property to stand, only that the accused had reason to believe the property was unlawfully obtained. Namatovu asked the court to find that there is sufficient evidence to require Lugoloobi to defend himself.
The court, presided over by Justice Kajuga, has set November 4, 2024, to deliver its ruling on whether Lugoloobi has a case to answer. If the court finds him guilty, the minister faces a fine of up to 160 currency points, imprisonment of up to seven years, or both. If acquitted, Lugoloobi, who is currently out on bail, will be cleared of the charges.
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